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Healthcare Provider Certification Under The FMLA

Failure To Provide Certification

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Forseeable Leave

An employer may deny FMLA leave until a certification is provided.

Unforeseeable Leave

An employer may deny FMLA leave after expiration of a 15 day period. For example, certification is not provided to an employer until the 21st day. The first 15 days are counted as FMLA leave. Days 16 - 20 are not protected and may be counted against the employer's attendance policy.

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